課程名稱︰英美法導論
課程性質︰法律系法學組三選二課程
課程教師︰張文貞
開課學院：
開課系所︰法律系
考試日期（年月日）︰98/6/15
考試時限（分鐘）：48小時(帶回家寫)
是否需發放獎勵金：是
（如未明確表示，則不予發放）
試題 :
1.(45%)
Suppose: U.S. Congress passed a bill on the improvement of high school
education, part of which included a spending program called "Teaching the
Meaning of Life". It allows the federal government to provide money to public
high schools of all states if schools would provide sex education that informs
students of harms of abortion.
Women's Watch, a pro-choice group, criticizes that such a federal spending
directly embodies pro-life religious ideology and thus violates the
constitutional priciple of separation between church and state in the First
Amendment of Federal Constitution.
Nancy, the head of Women's Watch and a tax-payer, is thinking about
bringing a tax-payer suit against such congressional spending, and she would
like to know whether there is any possibility for her to win such a suit. You
are a law student to which Nancy is seeking for advice. Based upon what you
have learned this semester, what would you respond to her?
2.(45%)
Suppose:Exxon Mobil Corporation is undertaking an oil drilling project in
the sea near Alaska. This project was based upon a contract signed between the
federal government and Exxon Mobil Corporation that granted Exxon Mobil
Corporation a ten-year exclusive right to explore potential oil resources near
Alsaka.
Alison, leader of "Watch for Sea Wildlife" and biology professor teaching
at University of Washington at Seattle, is convinced that such drilling is a
huge threat to sea animals and its ecological system. But both Exxon Mobil
Corporation and the federal government assured again and again that the
enviromental impact assessment of the drilling has clearly indicated that such
drilling has would have no significant enviromental harm.
Alison is thinking about bringing a law suit at the federal court to stop
such drilling, but she is worried about whether she has sufficient standing to
sue for such an injuction. You are a law student to which Alison is seeking
for advice. Please advise Allson 1) What is "injunction"? and 2) Whether she
would have standing to bring such a suit?
3.(10%)
Please write down any issues or discussions during this semester that
indicated this semester that interested you the most and explain why.
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